Shambhu Mandal vs The State Of Bihar on 7 September, 2011

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       Cr.Misc. No.25106 of 2011
                     Shambhu Mandal, S/o Late Sadanand Mandal, resident of Village-
                  Dharhan, Police Station-Pranpur, District-Katihar.  ..Petitioner.
                                                    Versus
                     The State of Bihar.                           ...Opposite Party.
                                                  -----------

3. 07.09.2011 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offences under Sections 341, 323, 504, 364 and 34 of the Indian

Penal Code.

It has been submitted that from the facts of the case it

appears to be one u/s 341 I.P.C. Further submission is that the

petitioner has fair antecedents which fact will be verified by the

Magistrate before releasing the petitioner on bail.

Considering the same, let the petitioner, above named

be released on bail on furnishing bail bond of Rs. 5,000/- (Five

Thousand) with two sureties of the like amount each or any other

surety as fixed by the Court to the satisfaction of Chief Judicial

Magistrate, Katihar in connection with Pranpur P.S. Case No.

70/2011 subject to the following conditions:- (i) That one of the

bailors will be a close relative of the petitioner who will give an

affidavit giving genealogy as to how he is related with the

petitioner and the other bailor shall be the father of the

petitioner. The bailor will also undertake to inform the Court if

there is any change in the address of the petitioner. (ii) That the

affidavit shall clearly state that the petitioner is not an accused in

any other case and if he is he shall not be released on bail. (iii)
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That the bailor shall also state on affidavit that he will inform the

court concerned if the petitioner is implicated in any other case

of similar nature after his release in the present case and

thereafter the court below will be at liberty to initiate the

proceeding for cancellation of bail on the ground of misuse. (iv)

That the petitioner will give an undertaking that he will receive

the police papers on the given date and be present on date fixed

for charge and if he fails to do so on two given dates and delays

the trial in any manner, his bail will be liable to be cancelled for

reasons of misuse. (v) That the petitioner will be well

represented on each date and if he fails to do so on two

consecutive dates, his bail will be liable to be cancelled.

Kamlesh                                 (Anjana Prakash, J.)